MR. BROOKE'S APPLICATION.

Mount Ida Chronicle, Volume VII, Issue 371, 14 April 1876, Page 3

MR. BROOKE'S APPLICATION.

(To the Editor of the Moot Ida Ciißoytor.K.)' Sib, —I was present in tho Court the other clay when the application of Michael Brookes and others for a tail race in the Main Gully, one and a quarter mile Jong, with a breadth of sixty-six feet, and a depth of fifteen feet, was being heard. There can be no doubt that the privilege sought to be obtained by Brookes and party is one of the most important character, and thai, as stated on behalf of the objectors, the evident intention of the apJicants is to obtain a large and illegally shaped extended claim, under the plea of constructing a tail race. Section 4 of Regulation 2, of the Goldfields Itules provides that "no extended claim, ov block claim shall exceed in length twice the breadth thereof." Yet this tail race- application of Brookes and party, if granted, would at once put them in possession of a claim nine times the length of of its breadth. Again, clause 4 of the Gold fields Act, ISUO, which is a substitute for the 3th section of the GoldJields Act. 1865, provides against, monopoly of ground for speculative purposes by con (ining the area of ground held in claims to the number of men employed—the claim being, for alluvial ground, one acre. Under the regulations -a flee ling extended'claims-, the noncompliance with ibis e'ause relative to the employment of one man for each acre, would fender the holder of the claim liable to have his ground forfeited. Clause 25, of Regulation 4, gives the Warden powers oi cancellation over the whole or part of such shepherded claims, with the alternative of a monetary penalty, as set forth in section 115, of the G'oldficlds Act, ISGG. By the regulations affecting tail races there is absolutely no provision for the number of men. to be employed, or any limitation as to the time within which the work must be completed. Indeed, if some of the late rulings in the Court here !;o correct, and the principle that possession of a part of a head or tail race implies possession of tho whole, a single chain, constructed on any part of the race, aurt used for any purpose whatever, would suffice to keep tho holder in possession of | the entire original right granted, to the manifest injury to tho miners and mining interest of any district. To my idea, the work of the magnitude contemplated by Brookes and party, would, of necessity, take years to complete, >?nd though the

application specifies an estimated time fov the completion of the race, the usual certificate for tail races contains no provision For completion of any kind, nor am I aware, if granted, "whether any such conditions could be legally imposed. The applicants would thus "have it in their power, aud it vrouid ]ie at their discretion, to complete their work when and how they pleased, or abandon it if they saw fit. Tho whole length cf the tail race applied for by Brookes and party is. through ground generally believed to be of an auriferous character, more auriferous indeed than Ihe claim for the ■working of which the proposed tail race is asked. If such be the ease,' Brookes and party might be well content to work the tail race at their leisure, and the claim when ihey had no othe 1 - grouud to fall back upen. Take tire conditions relating to miuiug lease, (he greatest exlmifc of which is ten acres, ami [ ;Uc . Jinut of time fnv -working fifieep years, with a spe'eified number of men to be continuously employed, aud eompiirc these terms wi'h the absence of ali conditions in Brookes and par'Vs application.' I l ' a mining lease area of tee acres, as a ■•nle. will Lake iificen years to work out, whai guarantee have the public that the so-called tail race of Brookes and party will be niu'e speedily completed. Granted that the terms as toruuuiugiu lo this lail race be as liberal en bede-si'-ed, still, unless Brookes and party are bound by Lite most stringent possible agreement as to time, and a very heavy penalty for breach thereof, I can 'onlv look upon the granting of the application as Ira ugh i. with the greatest possible danger to .he ciil ire mining community of the district.

Though T have my belief ;hat the Warden will watch eve' 1 the interest of tho district committed to. his charge, the miners must not, by any remissness or neglect on their part, allow a monopoly to be acquired, which it might be found difficult if not impossible to remove. —I am, &c-. Aegus.